No. In the Philippines, an employer generally cannot legally fire an employee because she is pregnant, even if she is still probationary, newly hired, contractual, project-based, casual, or “not yet regular.” Being pregnant is not poor performance, misconduct, or a lawful business reason. The real question is whether the employer can prove a valid, pregnancy-neutral ground for ending the employment, and whether the required process was followed.

The short answer: pregnancy is not a valid ground for dismissal

A pregnant employee is protected by Philippine labor law from dismissal, refusal of work, non-regularization, or other unfavorable treatment when the real reason is pregnancy, maternity leave, childbirth, miscarriage, or the employer’s desire to avoid maternity benefits.

This protection applies even when the employee has not yet become regular. Probationary status gives the employer time to evaluate whether the employee meets reasonable job standards. It does not give the employer permission to remove a worker because she is pregnant.

A pregnant probationary employee may still be legally dismissed only if the employer can show a lawful reason unrelated to pregnancy, such as:

A just cause under the Labor Code, such as serious misconduct, willful disobedience, fraud, or gross and habitual neglect of duty.
An authorized cause, such as genuine redundancy, retrenchment, closure, or disease, with the required notices and separation pay when applicable.
Failure to meet reasonable probationary standards that were made known to the employee at the time of hiring.

If the supposed reason is vague, undocumented, suddenly raised after the employer learned of the pregnancy, or connected to pregnancy-related absences or medical needs, the dismissal may be challenged as illegal.

What “not yet regular” means under Philippine labor law

Most employees who say they are “not yet regular” are usually probationary employees. Under Article 296 of the Labor Code, probationary employment generally cannot exceed six months from the date the employee started working, unless a longer period is allowed by law, such as in apprenticeship arrangements. The employer must also make known the standards for regularization at the time of engagement. If the employee is allowed to continue working after the probationary period, she becomes a regular employee by operation of law. (Lawphil)

This means a probationary employee has rights from day one. She may be evaluated, but she cannot be dismissed arbitrarily. The Supreme Court has repeatedly recognized that the services of a probationary employee may be terminated only for just cause, authorized cause, or failure to qualify as a regular employee based on reasonable standards made known to her. (Lawphil)

In practical terms, an employer should be able to show documents such as:

The employment contract or appointment letter
Written regularization standards
Performance scorecards or evaluation forms
Notices to explain, if misconduct is alleged
Written termination notice stating the specific ground
Proof that the same standards were applied fairly to other employees

A simple statement like “management decided not to regularize you” is not always enough, especially if the timing suggests that the real reason was pregnancy.

Legal basis: why firing someone for pregnancy is unlawful

Labor Code protection against pregnancy-based dismissal

Article 137 of the Labor Code, often shown in renumbered copies as Article 135 [137], lists prohibited acts against women employees. It is unlawful for an employer to discharge a woman employee on account of pregnancy, while on leave or confinement due to pregnancy, or to discharge her to prevent her from enjoying maternity leave and other benefits. (Lawphil)

This is the core rule: pregnancy itself cannot be used as the reason for dismissal.

The Labor Code also prohibits discrimination against women in terms and conditions of employment. Republic Act No. 6725, enacted in 1989, strengthened the prohibition against discrimination against women with respect to employment terms and conditions. (Lawphil)

Expanded Maternity Leave Law

Republic Act No. 11210, or the 105-Day Expanded Maternity Leave Law of 2019, grants covered female workers 105 days of maternity leave with full pay, with an additional 15 days for qualified solo parents and an option to extend for 30 days without pay. The law applies regardless of civil status or the legitimacy of the child. (Lawphil)

RA 11210 also states that employers in the public or private sector must not discriminate against women in employment to avoid the benefits provided by the law. (Lawphil)

For private-sector employees, the SSS maternity benefit is a daily cash allowance for childbirth, miscarriage, or emergency termination of pregnancy. SSS states that employed female members receive full pay consisting of the SSS maternity benefit plus the salary differential paid by the employer, subject to specific exemptions. (Social Security System)

Magna Carta of Women

Republic Act No. 9710, or the Magna Carta of Women, is a broader anti-discrimination law. It requires the State to eliminate discrimination against women and promote equal opportunity in employment and other areas of life. (Lawphil)

This matters because pregnancy discrimination is not treated as a minor workplace issue. It is part of the broader legal protection of women’s equality, dignity, health, and economic security.

Supreme Court guidance

The Supreme Court has treated pregnancy-related dismissal seriously.

In Del Monte Philippines, Inc. v. Velasco, G.R. No. 153477, the Court affirmed findings that dismissing an employee for absences connected to pregnancy-related illness violated Article 137 of the Labor Code. The case is important because the employer argued attendance violations, but the surrounding facts showed the absences were pregnancy-related and had been medically explained. (Supreme Court E-Library)

In Saudi Arabian Airlines v. Rebesencio, G.R. No. 198587, the Supreme Court discussed a policy treating pregnancy as a ground to terminate flight attendants. The Court described such a policy as discriminatory because pregnancy pertains specifically to women and restricts employment on the basis of sex. (Lawphil)

In Capin-Cadiz v. Brent Hospital and Colleges, Inc., G.R. No. 187417, the Supreme Court held that getting pregnant outside marriage is not, by itself, grossly immoral, especially where both partners had no legal impediment to marry. (Lawphil)

These cases show a practical point: an employer cannot simply change the label from “pregnancy” to “immorality,” “attendance,” “fitness,” or “failure to qualify” if the real reason is still pregnancy.

Can a probationary employee be dismissed while pregnant?

Yes, but only for a valid reason unrelated to pregnancy.

A probationary employee is not immune from discipline or evaluation. She can be dismissed if she committed a valid just cause, if a genuine authorized cause exists, or if she truly failed to meet reasonable standards disclosed at hiring.

But the employer must be able to prove it. In illegal dismissal cases, the burden of proving that the dismissal was for a valid or authorized cause rests on the employer. (Lawphil)

Legal dismissal during pregnancy vs. illegal pregnancy discrimination

Situation	Usually legal or illegal?	Why it matters
Employee is dismissed right after saying she is pregnant, with no prior poor evaluations	Likely questionable	Timing may suggest pregnancy was the real reason
Employee fails written, known probationary standards documented before pregnancy was disclosed	May be legal	Employer must prove fair standards and actual failure
Employer says “we cannot regularize you because you will go on maternity leave”	Illegal	This directly connects the decision to pregnancy or maternity benefits
Employee has pregnancy-related absences supported by medical certificates	Risky for employer	Pregnancy-related illness cannot be used as a shortcut to dismissal
Company closes a department and pregnant and non-pregnant employees are affected based on objective criteria	May be legal	Authorized cause must be genuine and properly documented
Employer asks the employee to resign because “pregnancy will affect operations”	Illegal or highly questionable	Forced resignation may be constructive dismissal

What to do if you were fired after your employer learned you were pregnant

1. Write a clear timeline immediately

Create a timeline while details are still fresh. Include:

Date you were hired
Your position and work location
Whether you signed a probationary contract
Standards for regularization, if any
Date you learned you were pregnant
Date you informed your employer or supervisor
What was said in meetings, chats, or calls
Date you received notice of non-regularization, suspension, forced resignation, or termination
Names of witnesses
Pregnancy-related medical advice, absences, or restrictions

This timeline is often one of the most useful tools in SEnA or NLRC proceedings because it shows whether the employer’s reason came before or after the pregnancy disclosure.

2. Save all employment and pregnancy-related evidence

Keep copies or screenshots of:

Employment contract, job offer, appointment letter, or onboarding forms
Company ID, payslips, payroll records, ATM salary credits, time records
Chat messages, emails, memos, and HR notices
Performance evaluations and regularization standards
Medical certificate, ultrasound, laboratory results, or doctor’s advice
Leave applications or attempts to file leave
Termination letter, non-regularization notice, or resignation letter
Any message saying pregnancy, maternity leave, “health risk,” or “future absences” were concerns

Do not rely only on verbal conversations. If something important was said verbally, write a calm message afterward confirming what you understood, such as: “For documentation, I understand from our meeting today that my employment will end because management is concerned about my pregnancy and upcoming leave.”

3. Ask for the written reason for termination or non-regularization

If the employer only told you verbally, ask for a written notice. A proper termination or non-regularization notice should identify the specific ground. For probationary employees, the employer should be able to point to the standard allegedly not met.

Avoid signing documents on the spot if you are pressured, especially:

Resignation letters you did not prepare voluntarily
Quitclaims or waivers
Final pay acknowledgments saying you have no more claims
Backdated notices
Blank forms

A quitclaim is not automatically valid just because it was signed. But challenging it later becomes harder if the document looks voluntary and the employee accepted payment without written protest.

4. File a SEnA Request for Assistance

The usual first step for a labor dispute is SEnA, or the Single Entry Approach. It is a mandatory conciliation-mediation process designed to resolve labor issues before they become full labor cases. DOLE describes SEnA as a speedy, impartial, inexpensive, and accessible settlement procedure, with a 30-day mandatory conciliation-mediation period under current rules. (DOLE ARMS)

A Request for Assistance may be filed by an aggrieved worker, including an individual employee, group of workers, union, kasambahay, or OFW. It may be filed onsite at DOLE regional, provincial, or field offices, NCMB branches, or NLRC regional arbitration branches, and may also be filed online through the DOLE Assistance for Request Management System. (DOLE ARMS)

In a pregnancy-related dismissal case, the request may mention claims such as:

Illegal dismissal
Non-regularization due to pregnancy
Constructive dismissal or forced resignation
Unpaid wages
Pro-rated 13th month pay
Service incentive leave pay, if applicable
Maternity benefit concerns
Salary differential concerns
Damages and attorney’s fees, where facts support them

5. If SEnA fails, file a complaint with the NLRC

If the dispute is not settled during SEnA, the employee may proceed to the National Labor Relations Commission through the proper Regional Arbitration Branch. The NLRC Labor Arbiter handles illegal dismissal complaints and related money claims.

Under the 2025 NLRC Rules, summons may be issued within two working days from receipt of the complaint or amended complaint. Proceedings commonly involve mandatory conference, submission of position papers, reply or rejoinder when allowed, and then a decision by the Labor Arbiter. (nlrc.dole.gov.ph)

An illegal dismissal complaint generally prescribes in four years from the time the cause of action accrued. The NLRC FAQ states that an action for illegal dismissal prescribes in four years, and the Supreme Court has tied this to Article 1146 of the Civil Code. (nlrc.dole.gov.ph)

Even with a four-year period, it is usually better to act early because screenshots disappear, witnesses move jobs, company accounts are deactivated, and medical records may become harder to connect to the exact dates of dismissal.

Documents commonly needed

Purpose	Helpful documents
Prove employment	Contract, offer letter, company ID, payslips, payroll credits, time records, work emails
Prove probationary status and standards	Probationary contract, handbook, evaluation forms, regularization criteria
Prove pregnancy and medical needs	Medical certificate, ultrasound, lab results, doctor’s advice, hospital records
Prove employer knowledge	Email or chat informing HR/supervisor, maternity notification, leave request
Prove dismissal or forced resignation	Termination letter, non-regularization notice, resignation draft, HR messages
Prove discrimination	Comments about pregnancy, maternity leave, “burden,” “risk,” “absence,” or “cost”
Prove money claims	Payslips, attendance records, 13th month computation, final pay worksheet
For SSS maternity benefit	SSS records, proof of contributions, maternity notification, birth/miscarriage/ETP documents

Some affidavits or pleadings may need signatures, valid IDs, and notarization. If documents are executed abroad for use in a Philippine proceeding, they may need apostille or consular authentication depending on the document and where it was executed.

Practical scenarios employees often face

“I was told I failed probation after I disclosed my pregnancy.”

This is one of the most common situations. The key issue is whether the employer had documented performance concerns before learning of the pregnancy. If the employee had no written warnings, no coaching records, no failed scorecards, and no clear standards, the timing may support a claim that pregnancy was the real reason.

“HR said I can reapply after giving birth.”

That statement is dangerous for the employer because it suggests the employee was removed due to pregnancy or maternity leave. The law does not allow an employer to pause or end employment simply because childbirth will temporarily affect availability.

“They told me to resign so my record stays clean.”

A resignation should be voluntary. If the employee was made to choose between resignation and termination because she was pregnant, that may be treated as forced resignation or constructive dismissal.

“I am pregnant but still unmarried.”

Pregnancy outside marriage is not, by itself, a valid ground for dismissal. Supreme Court decisions have rejected automatic workplace punishment based only on pregnancy outside wedlock, especially where the employer cannot prove that the conduct violates public and secular standards or is genuinely connected to the job. (Lawphil)

“The company said my pregnancy is a safety risk.”

Some jobs may require temporary adjustments for health or safety reasons, especially if a doctor restricts heavy lifting, night work, exposure to chemicals, or prolonged standing. But a safety concern should lead to a lawful, evidence-based response, not automatic dismissal. Medical advice, occupational safety rules, reassignment options, and leave rights should be considered.

“I am a foreign employee working in the Philippines.”

Foreign employees working for Philippine-based employers may still raise labor issues in the Philippines. Immigration and work-permit compliance is a separate matter from pregnancy discrimination. For foreign nationals, DOLE issues Alien Employment Permits to non-resident aliens or foreign nationals seeking employment in the Philippines, and current AEP rules require employers intending to employ foreign nationals to secure the proper permit before actual employment. (ncr.dole.gov.ph)

A foreign worker dealing with dismissal should preserve not only employment records but also passport pages, ACR I-Card, visa documents, AEP records, employment contract, and correspondence with the employer about immigration status.

What remedies may be available

If the dismissal is found illegal, the usual remedies may include:

Reinstatement without loss of seniority rights
Full backwages
Separation pay instead of reinstatement, when reinstatement is no longer practical
Unpaid salaries and wage-related benefits
Pro-rated 13th month pay
Service incentive leave pay, if applicable
Maternity-related benefits or salary differential, where legally due
Moral or exemplary damages in appropriate cases
Attorney’s fees when legally justified

The exact remedy depends on the facts, the employment status, the period involved, the evidence, and whether reinstatement remains feasible.

Frequently Asked Questions

Can a company fire me for being pregnant while I am still probationary?

No. Probationary employees may be evaluated, but pregnancy is not a lawful ground for dismissal. The employer must prove a valid reason unrelated to pregnancy, such as failure to meet known standards, a just cause, or an authorized cause.

Can my employer refuse to regularize me because I am pregnant?

No. Refusing regularization because of pregnancy, maternity leave, or the cost of maternity benefits may be pregnancy discrimination. However, the employer may deny regularization for documented failure to meet reasonable standards made known at hiring.

Do I have to tell my employer that I am pregnant?

For maternity leave and SSS maternity benefit processing, notice and documents will eventually be needed. But the fact that you disclosed pregnancy cannot be used against you as a ground for dismissal, demotion, or non-regularization.

What if I had absences because of morning sickness or pregnancy complications?

Submit medical certificates and leave applications as early as possible. Pregnancy-related illness should not be treated as ordinary AWOL when the employee has medical proof and has tried to notify the employer. In Del Monte Philippines, Inc. v. Velasco, pregnancy-related absences were central to the finding that the dismissal violated the Labor Code. (Supreme Court E-Library)

Can my employer say I am “not fit to work” because I am pregnant?

Not automatically. Pregnancy is not the same as incapacity to work. If there are genuine medical restrictions, the employer should rely on medical evidence and lawful workplace measures. A blanket assumption that pregnant women are unfit to work may be discriminatory.

What if I signed a resignation letter after being pressured?

A resignation must be voluntary. If you were forced, threatened, misled, or told to resign because of pregnancy, gather evidence immediately. Messages, witness accounts, timing, and the circumstances of signing are important.

Can I still file if I do not have a written contract?

Yes. Employment may be proven through payslips, payroll transfers, company ID, work chats, emails, attendance records, witness statements, and proof that the employer controlled your work. A written contract helps, but it is not the only way to prove employment.

How long do I have to file an illegal dismissal case?

Illegal dismissal claims generally prescribe in four years from accrual of the cause of action. Still, it is better to act promptly because evidence is easier to preserve soon after the dismissal. (nlrc.dole.gov.ph)

Can a pregnant employee still claim maternity benefits if dismissed?

Possibly, depending on SSS contribution requirements, timing, and employment status. SSS states that maternity benefit applies to childbirth, miscarriage, or emergency termination of pregnancy, regardless of civil status, employment status, legitimacy of the child, and frequency of pregnancy, subject to qualifying conditions. (Social Security System)

Key Takeaways

Pregnancy is not a valid ground for dismissal in the Philippines, even if the employee is not yet regular.
A probationary employee may be dismissed only for a lawful reason, such as just cause, authorized cause, or genuine failure to meet known regularization standards.
The Labor Code prohibits dismissing a woman because of pregnancy, while on pregnancy-related leave or confinement, or to prevent her from enjoying maternity benefits.
RA 11210 grants 105 days of maternity leave with full pay for covered female workers, with additional benefits in specific cases.
Sudden non-regularization after pregnancy disclosure should be examined carefully, especially when there were no prior written performance issues.
Pregnancy-related absences supported by medical proof should not be casually treated as ordinary AWOL.
SEnA is usually the first step, followed by an NLRC complaint if no settlement is reached.
The employer generally carries the burden of proving that the dismissal was valid.
Illegal dismissal claims generally prescribe in four years, but employees should preserve evidence and act early.